The matter of race was central to the T.P.S. case, Adam Liptak writes. Trump has a history of derogatory statements against Haitians: He has accused them of “poisoning the blood” of the nation, accused them of “eating the pets” of their neighbors, and described their home country as a “shithole” that is “filthy, dirty, disgusting.”
If discrimination was “a motivating factor” in Trump’s determination, the leading precedent said, it would violate the Constitution’s equal protection clause. But Justice Samuel Alito, writing for the majority, concluded that Trump’s comments had not cleared that bar. The president’s statements, he wrote, were not “overtly racial.”
Justice Elena Kagan, in her dissent, was incredulous. “The references — of filth, disease and primitiveness — are shot through with racial stereotypes and tropes,” she wrote. (NYTimes)
